Karnataka

StateCommission

A/170/2016

The Manager Bank of Baroda - Complainant(s)

Versus

Abhimanyu Singh - Opp.Party(s)

Gopalkrishna R Hegde

15 Feb 2022

ORDER

KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BASAVA BHAVAN, BANGALORE.
 
First Appeal No. A/170/2016
( Date of Filing : 29 Jan 2016 )
(Arisen out of Order Dated 29/12/2015 in Case No. CC/796/2014 of District Bangalore 1st & Rural Additional)
 
1. The Manager Bank of Baroda
John Nagar Bangalore - 560034
...........Appellant(s)
Versus
1. Abhimanyu Singh
Prop:M/s Med India No 61-A 14th Cross, 1st Block, R T Nagar Bangalore - 5600032 Represented by his GPA Holder Sri B K Ravikumar
2. M/s DTDC Courier and card Board Ltd
No 3, Victoria Road Bangalore - 560047
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Huluvadi G. Ramesh PRESIDENT
 HON'BLE MR. Krishnamurthy B.Sangannavar JUDICIAL MEMBER
 HON'BLE MRS. Smt. Divyashree.M MEMBER
 
PRESENT:
 
Dated : 15 Feb 2022
Final Order / Judgement

A-170/2016

 

1.      This is an Appealfiled u/s 15 of C.P Act, 1986, aggrieved by the order passed by the I Addl. District Consumer Disputes Redressal Forum, Bangalore in CC-796/2014 on 29.12.2015.

2.      Commission heard learned counsel for appellant and perused the impugned order.  Learned counsel for appellantwould submit that, complainant Mr.Abhimanyu Singh is neither holding an account with their Bank nor a customer and would submit that, he is not a consumer who could raise a consumer complaint u/s 12 of C.P Act, 1986 against appellant. 

3.      Forum below in paragraph-14 recorded as O.P.No.2 is the Nationalized Bank and after introducing the core banking system  every customer of the various bank connected with the core banking system has to be construed as  a customer.   In our view in such   construction is not correct, since the complainant has to filed to show that he is holding an account with the Bank and he is a consumer.  Even for the grounds of appeal Forum below fixing liability on  O.P.No.2-Bank has to be held beyond the purview of Consumer Laws and in our in so far as the appellant/OP No.2 is concerned impugned order is liable to be set aside. 

4.   Accordingly, Appeal filed by O.P.No.2-Bank is hereby allowed.  Consequently set aside the impugned order dated 29.12.2015 passed in CC-796/2014 in so far as O.P.No.2-Bank/appellant is concerned. 

5.      Amount in deposit is directed to be transferred to the Commission below for needful.

6.      Send a copy of this Order to the District Commission and parties to the appeal.

 

 

        Lady Member                            Judicial Member      

*J*

 
 
[HON'BLE MR. JUSTICE Huluvadi G. Ramesh]
PRESIDENT
 
 
[HON'BLE MR. Krishnamurthy B.Sangannavar]
JUDICIAL MEMBER
 
 
[HON'BLE MRS. Smt. Divyashree.M]
MEMBER
 

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